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action affirmed agreement alleged amended amount answer Appellate Division Application authority Bank Board bond cause claim Company complaint concur condition construction contract Corporation costs and disbursements counsel County damages death defendant defendant's denied determine Digests & Indexes directed effect entered entitled evidence fact follows give given granted ground held Holding intention interest judgment jury Key-Numbered Digests lease leave liability Matter ment Misc mortgage motion Motion granted Motion to dismiss negligence notice Novem October October 11 operation opinion Order affirmed Order filed owner paid parties payment person plaintiff premises proceeding proof purchase question Realty reason received recover Respondent reversed rule Second Department Special statute street Supreme Court term Third tion topic & KEY-NUMBER trial trust York City